R.
Alexander Acosta,
United States
Attorney for
the Southern
District of Florida,
Eddie McKissick,
Resident Agent
in Charge, U.S.
Fish & Wildlife
Service, Southeast
Division, Major
Brett Norton,
Regional Commander,
South Region,
Florida Fish & Wildlife
Conservation
Commission (FWCC),
announced that
Karl F. Kuhn,
III, 19, and
Charles V. Podesta,
Jr., 20, both
of Hollywood,
Florida, were
sentenced on
January 17, 2008
by United States
Magistrate Judge
Ann E. Vitunac
in West Palm
Beach, Florida,
in connection
with the illegal “taking” of
a West Indian
Manatee by harassing,
harming, pursuing,
wounding, capturing,
collecting, or
attempting to
engage in each
of those conducts,
in violation
of the federal
Endangered Species
Act (ESA), Title
16 , United States
Code, Sections
1538(a)(1)(B)
and 1540(b)(1).

Magistrate Judge
Vitunac sentenced
Podesta to thirty
days in federal
prison, followed
by thirty days
of home confinement,
subject to electronic
monitoring. In
addition, Podesta
will be required
to serve a one
year term of
supervised release,
perform 100 hours
of community
service, and
post to his “MySpace”® web
site a public
apology for is
conduct. Kuhn
received a term
of fifteen days
in prison, a
one year term
of supervised
release, and
will also be
required to perform
100 hours of
community service.

According to
the Information
to which the
defendants pled
guilty, statements
in Court, and
case related
documents, on
March 13, 2007,
Podesta posted
a pair of videotape
clips on a “MySpace”® website
he maintained
under the name “Nerezza”.
The video clips
depicted the
defendants, earlier
the same day,
attempting, and
ultimately succeeding
in hooking and
fighting a manatee
in a Fort Lauderdale-area
canal. Kuhn was
identifiable
directly from
the video clips,
while Podesta
was later identified
through follow-up
by investigators
on other postings
to the site.
It was admitted
in Court that
the defendants
had gone to the
site with fishing
gear and a digital
camera fully
intent on hooking
a manatee.

The
West Indian
Manatee (Trichechus
manatus), is
a species specifically
listed as an
endangered species
of wildlife,
pursuant to the
list of such
species promulgated
by the Secretary
of the Interior
in Title 50,
Code of Federal
Regulations,
Section 17.11(h).
The Endangered
Species Act makes
it a federal
offense for anyone,
unless otherwise
authorized by
law, to “take” an
endangered species
within the jurisdiction
of the United
States. In order
to effectuate
the Congressional
intent behind
the ESA, to provide
broad protection
to species at
risk of extirpation
and extinction, “take” is
defined in the
ESA to mean, “harass,
harm, pursue,
hunt, shoot,
wound, kill,
trap, capture,
or collect, or
to attempt to
engage in such
conduct.” 16
U.S.C. §1532(19).

According to
data collected
by the Florida
Fish & Wildlife
Conservation
Commission Marine
Mammal Pathobiology
Laboratory, between
1974 and 2006,
26 manatee deaths
have been associated
with fishing
gear.

Mr. Acosta commended
the coordinated
investigative
efforts of the
U. S. Fish & Wildlife
Service and the
Florida Fish & Wildlife
Conservation
Commission which
brought the matter
to a successful
conclusion. This
case was prosecuted
by Assistant
United States
Attorneys Thomas
Watts-FitzGerald
and Certified
Legal Intern
Leslie Armendariz.